Arbitration Act 2005 · Updated to 1 Nov 2018 · Part III · Additional Provisions Relating to Arbitration
46. Extension of time for making award
Feedback & supportWhere the time for making an award is limited by the arbitration agreement, the High Court may, unless otherwise agreed by the parties, extend that time.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders;
An application under subsection (1) may be made—
upon notice to the parties, by the arbitral tribunal; or
upon notice to the arbitral tribunal and the other parties, by any party to the proceedings.
The High Court shall not make an order unless—
High Court
“High Court” means the High Court in Malaya and the High Court in Sabah and Sarawak or either of them, as the case may require;
all available tribunal processes for obtaining an extension of time have been exhausted; and
the High Court is satisfied that substantial injustice would otherwise be done.
The High Court may exercise its powers under subsection (1) notwithstanding that the time previously fixed by or under the arbitration agreement or by a previous order has expired.
arbitration agreement
“arbitration agreement” means an arbitration agreement as defined in section 9;